I am not wrong but perhaps I should have been clearer. First I never challenged the idea of taping a program for SHORT term use but an off air copy is an illegal copy for copyright purposes and can not be sold, rented or circulated as any legal copy could be. I am a tad sensitive since the infamous "best practices" document produced by the Society for Cinema & Media studies basically endorsed using off air material pretty much indefinitely. It is pretty obvious per above that an off air copy is not a legal copy and that the Kastenmeier guidelines are an exception to being able to use what would otherwise be an illegal copy.
On Fri, May 27, 2011 at 8:15 PM, <[email protected]> wrote: > You're wrong, Jessica > > First, Sony/CBS established that taping for personal use is legal, no > matter how long it is retained. (You KNOW this, of course!) > > Secondly, Kastenmeier and community practice have established off-air > taping for short-term use in teaching acceptable. Kastenmeier limits > retention to 45 days or something...other institutions (such as mine) have > gone to bat for a bit longer retention. > > Keeping a program taped off the air in a collection for the long-haul, on > the other hand, is skating on thin, if not perilous, legal ice. > > gary > > > Taping and keeping it the collection would definitely violate copyright > > but > > you could tape it if he was planning to use it in the near term. > > Guidelines > > are fuzzy but as a matter of law an off air copy is not a legal copy. > > > > On Fri, May 27, 2011 at 12:03 PM, Gail Fedak <[email protected]> wrote: > > > >> A faculty member has requested that we tape "off-air" a 3 hour program > >> airing on MSNBC over this weekend. My first inclination is to say no. Is > >> this correct? > >> Thanks, > >> Gail > >> -- > >> > >> Gail B. Fedak > >> > >> Director, Media Resources > >> > >> Middle Tennessee State University > >> > >> Murfreesboro, TN 37132 > >> > >> Phone: 615-898-2899 > >> > >> Fax: 615-898-2530 > >> > >> Email: [email protected] > >> > >> Web: www.mtsu.edu/~imr <http://www.mtsu.edu/%7Eimr> < > http://www.mtsu.edu/%7Eimr> > >> > >> > >> > >> “Education is a progressive study of your own ignorance.” – Will Durant > >> > >> VIDEOLIB is intended to encourage the broad and lively discussion of > >> issues > >> relating to the selection, evaluation, acquisition,bibliographic > >> control, > >> preservation, and use of current and evolving video formats in libraries > >> and > >> related institutions. It is hoped that the list will serve as an > >> effective > >> working tool for video librarians, as well as a channel of communication > >> between libraries,educational institutions, and video producers and > >> distributors. > >> > >> > > > > > > -- > > Jessica Rosner > > Media Consultant > > 224-545-3897 (cell) > > 212-627-1785 (land line) > > [email protected] > > VIDEOLIB is intended to encourage the broad and lively discussion of > > issues relating to the selection, evaluation, acquisition,bibliographic > > control, preservation, and use of current and evolving video formats in > > libraries and related institutions. It is hoped that the list will serve > > as an effective working tool for video librarians, as well as a channel > of > > communication between libraries,educational institutions, and video > > producers and distributors. > > > > > Gary Handman > Director > Media Resources Center > Moffitt Library > UC Berkeley > > 510-643-8566 > [email protected] > http://www.lib.berkeley.edu/MRC > > "I have always preferred the reflection of life to life itself." > --Francois Truffaut > > > VIDEOLIB is intended to encourage the broad and lively discussion of issues > relating to the selection, evaluation, acquisition,bibliographic control, > preservation, and use of current and evolving video formats in libraries and > related institutions. It is hoped that the list will serve as an effective > working tool for video librarians, as well as a channel of communication > between libraries,educational institutions, and video producers and > distributors. > -- Jessica Rosner Media Consultant 224-545-3897 (cell) 212-627-1785 (land line) [email protected]
VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.
